During certain trial or court proceedings or other hearings, the use of visible restraining devices or systems is often undesirable because it may adversely affect the presumption of innocence accorded a criminal defendant or may otherwise unnecessarily stigmatize a defendant or detainee in the eyes of the public or jury. However, there is a risk that any detainee may be or become violent, dangerous or attempt unpredictable actions that would be a threat to the public, to courtroom personnel or to spectators or to witnesses. Failing to use a restraining device on the detainee therefore creates a risk that the detainee or defendant will assault and inflict injury on police officials, court officials or innocent bystanders. Further, escorting or attending to the detainee while in the courtroom or hearing room places a burden on the already overburdened state, local and federal law enforcement departments or offices who are handling more prisoners with less personnel.
Thus, to accommodate the need for public safety as well as the desire not to unnecessarily stigmatize a detainee, it is desirable to use a restraining device that is capable of sufficiently immobilizing an individual, but is also capable of being hidden or disguised from a judge, jury or members of the public to avoid adversely affecting the presumption of innocence or other stigma.
Other restraining devices have been proposed, such as, for example, a restraint chair as disclosed in U.S. Pat. No. 5,758,892. However, the chair disclosed in the '892 patent does not hide the fact that the prisoner or detainee is restrained. Prisoner security devices have also been disclosed which relate to transporting a prisoner or other detainee in a vehicle. For example, Pub. Nos. US 2006/0225943 A1 and US 2006/0061198 disclose a device that is intended to be used in a vehicle to restrain a prisoner using a retractable strap that attaches to the prisoner's handcuffs or other restraining apparatus and holds the prisoners' hands behind him in a vehicle.
There have also been electrical devices disclosed that may be worn by a prisoner beneath clothing and, thus, hidden from the public eye. For example, U.S. Pat. No. 4,943,885, discloses a device worn beneath a prisoner's clothing wherein the device can be activated remotely to attempt to control the prisoner by using either an electrical impulse or a discharge of some noxious gas such as tear gas. These devices may, however, not be effective on certain prisoners who can withstand the controlling mechanism that may be implemented and, moreover, should the device fail to work as designed, there would be effectively no restraining device in use. This type of device also suffers from the potential adverse consequences the noxious gas may have on those nearby who are unintended victims.
The restraining approach disclosed herein overcomes the deficiencies of the devices discussed above. The restraining system is directed to a mechanical restraining device that is not generally or easily visible to the judge or jury or other hearing officer and which further permits the detainee to stand, sit and, optionally, move within some limited range, without bringing undue attention to the restraint system.
The restraining system includes a restraining security device, such as a rod assembly, spaced above the floor or some other type of surface an appropriate distance to permit the detainee to comfortably place his or her feet on the floor or surface. The restraining system is capable of being used with restraint devices known in the art, such as, for example, a leg iron. In these cases, the leg iron can be securely attached to the prisoner's left or right leg, while the other leg iron is securely attached to the rod assembly. Alternatively, the restraining system may optionally include one or more restraint devices already present, either permanently attached or removeably attachable, capable of permitting a detainee to be secured to the rod assembly. The rod assembly or restraining security device can be secured to the floor, either permanently or removeably. If the rod assembly is removeably secured to the floor, it may optionally include security measures, such as requiring a code or a key, before releasing the rod assembly, intended to prevent detainees from becoming free. Alternatively, the rod assembly can be secured to the table. In any event, the rod assembly should be located below the counsel table at which the detainee or prisoner or other person for whom it is desirable to restrain, will be seated.
The rod assembly can me made of any sturdy material such as, for example, metal, including brass, steel, other metals, wood, reinforced plastic, or such other material as is known in the art and is sufficiently sturdy to serve the purpose of restraining a detainee. The rod assembly can be fastened to either the table or a surface, such as the floor, by means known to those of skill in the art, including, for example, the use of hardened steel screws, bolts or other devices/methods known to those of skill in the art. Where, for example, the surface or the table frame is metal, the rod assembly may be attached by welding.
In accordance with another aspect of the restraining system, the rod assembly may further include a covering of some type intended to reduce or dampen noise that can be made by the leg iron coming into contact with and/or moving against or along the rod assembly. The covering could be formed directly on the rod assembly, be added as a separate item and could be a chemical or foam material, rubber, cloth or some other material known to those of skill in the art to reduce noise, alone or in combination with those or other sound deadening materials. In accordance with yet another aspect of the restraining system, the table beneath which the rod assembly was mounted could further include a curtain or screen, for example held in place by snaps, Velcro or other removable fastening technique or mechanism, to limit or prevent the viewing of the restraining device on the detainee by the jury or judge or others whom it may be desirable to shield from view.
Alternatively, such detainees also need to be transported to and from various locations and it is also essential to positively restrain such individuals during periods of transport.